Tennessee Supreme Court Affirms Judgment Against Tri-State Crematory Operator

Friday, September 21, 2012

The Tennessee Supreme Court today upheld the jury verdict against T. Ray Brent Marsh, operator of the Tri-State Crematory in Noble, Ga., resulting from Marsh’s mishandling of a corpse.

 

In February of 2002, authorities discovered that Marsh had not been cremating bodies that were sent to Tri-State for cremation, but rather burying or dumping the bodies on Tri-State property. The investigation recovered bodies and body parts of approximately 230 persons in widely varying states of decay. Dr. Rondal D. Akers, Jr. and Lucinda Akers sued Marsh for mishandling their deceased son’s body, which had been sent to Tri-State for cremation, alleging intentional infliction of emotional distress and claims under the Tennessee Consumer Protection Act and bailment. The jury awarded Dr. Akers damages in the amount of $275,000 and Mrs. Akers damages in the amount of $475,000.

In a unanimous opinion authored by Justice Sharon G. Lee, the Tennessee Supreme Court ruled that the evidence supported the jury verdict for intentional infliction of emotional distress. The Court affirmed the dismissal of the Tennessee Consumer Protection Act and bailment claims. The Court found no error in the trial court’s jury instruction that the jury could draw a negative inference from Marsh’s invocation of his Fifth Amendment right against self-incrimination and refusal to answer questions during his pre-trial deposition in this civil case.

To read the Rondal Akers v. Prime Succession of Tennessee opinion authored by Justice Sharon G. Lee, visit http://www.tncourts.gov/sites/default/files/akersrondalopn.pdf


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: BAILEY, JOYCE MARIE  2702 E 39TH STREET CHATTANOOGA, 37407  Age at Arrest: 39 years old Arresting Agency: Chattanooga CRIMINAL TRESPASSING THEFT OF PROPERTY (UNDER $500) --- BATES, JEREMY M  707 PARK AVE CHATTANOOGA, 37403  Age at Arrest: 36 years old Arresting Agency: Chattanooga ... (click for more)

12 Lost Hikers Rescued At Rainbow Lake, Edwards Point

Eleven adults and a child were briefly lost at Rainbow Lake and Edwards Point trails on Signal Mountain on Sunday. A 911 call was made at 9:45 p.m. from one of the hikers reporting the group lost sunlight hiking out of the trails at Edwards Point. Th Signal Mountain Fire Department and the Walden's Ridge Emergency Services have responded to the scene to ... (click for more)

Parking Discrimination Downtown

Many taxpayers who reside in Chattanooga (but outside Chattanooga's core) feel left behind when it comes to neighborhood paving, sidewalks, policing, streetscaping, street sweeping, public transportation, and other services. Some think most tax dollars are spent on downtown and not in their neighborhoods. It's not as if they can't vicariously experience the largesse of downtown. ... (click for more)

Roy Exum: One Nameless Ghost

One hundred years ago the United States was at war. The most intense fighting during World War I was on what was called The Western Front. The Germans wanted to invade France from the north and in order to do it, they had to push through Flanders province in Belgium. It has been described as a hell unequalled in raw hand-to-hand combat, In just four months on Flanders fields, ... (click for more)

Seth Ruhling Wins Chattanooga Chase 8K And One Mile

It has been six years since Seth Ruhling ran the Chattanooga Chase and maybe he had forgotten just how tough that 8K course really is, but that’s didn’t seem to matter Monday morning as he celebrated Memorial Day with victory in the Chattanooga Track Club’s oldest race. Ruhling graduated from Collegedale Academy in 2013 and is now a 21-year-old student at Southern Adventist ... (click for more)

Tennessee-Georgia All-Star Football Classic Set For Saturday at CCS

The 13th Annual Tennessee-Georgia All-Star Football Classic, presented by Great Clips, is scheduled for 7 p.m. Saturday June 4 at Chattanooga Christian School in Chattanooga. Tennessee defeated Georgia 38-14 last June at McCallie School in Chattanooga. It was Tennessee's fourth consecutive victory in the series that dates back to the first game held at Ridgeland High in ... (click for more)